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answer to cc complaint

answer to cc complaint

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Published by tmccand

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Published by: tmccand on Nov 01, 2009
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12/10/2013

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TIMOTHY L. MCCANDLESS, ESQ. SBN 147715
LAW OFFICES OF TIMOTHY L. MCCANDLESS
820 Main
Martinez, California 94553

(925) 957-9797 Telephone
(925) 957-9799 Facsimile
Attorney for Defendant,
DEFENDANT NAME\ue000

SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF COUNTY NAME\ue000
NAME\ue000 BRANCH

PLAINTIFF NAME\ue000
Plaintiff,
vs.
NAME OF DEFENDANT\ue000
and DOES I through X, Inclusive
Defendant(s).
Case No.: XX-XXX-XXXX

DEFENDANT\u2019S ANSWER COMPLAINT
JURY TRIAL DEMANDED
NOTICE OF NON-STIPULATION TO

COMMISSIONER
TO THE COURT, ALL PARTIES HEREIN, AND THEIR ATTORNEYS
OF RECORD:
COMES NOW THE DEFENDANT, DEFENDANT NAME\ue000, and in answer
to the complaint on file herein, admits, denies, and alleges as follows:
GENERAL DENIAL
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The defendant denies each and every, all and singular, generally and specifically,
the allegations contained in the complaint.
AFFIRMATIVE DEFENSES
First Affirmative Defense
Fails To State Sufficient Facts
Each purported cause of action fails to state facts sufficient to constitute a basis for relief
against these answering Defendants.
Second Affirmative Defense
Waiver

20. The claims being advanced by Plaintiffs are barred by virtue of the Plaintiff\u2019s acts and/or omissions that amount to a waiver, including but, not limited to attempting to enforce a non-negotiable promissory note by way of an invalid non-judicial foreclosure sale.

Third Affirmative Defense
Estoppel

21. This answering defendant is informed and believes and thereupon alleges that
Plaintiffs have engaged in conduct and activities, and by reason of said activities and conduct are
estopped from asserting any claims for damages or seeking any other relief against this
answering Defendant.

2 of 5
_____________________________________________________________________________
GENERAL DENIAL ANSWER
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Fourth Affirmative Defense
Failure To Mitigate Damages

Plaintiffs though under a duty to do so, have failed and neglected to mitigate
their damages and, therefore, cannot recover against these answering Defendants whether as
alleged or otherwise.

Fifth Affirmative Defense
Statute of Frauds
The present action is barred by application of the Statute of Frauds because the
agreement is not in writing.
Sixth Affirmative Defense
Statute of Limitations
The present action is barred by application of the applicable statute of limitations.
Seventh Affirmative Defense
Unclean Hands
By virtue of Plaintiff\u2019s conduct, Plaintiffs are barred from recovery therein by
the doctrine of unclean hands.
Eighth Affirmative Defense
Standing

This answering defendant alleges that the Plaintiff does not have standing because
Plaintiff\u2019s standing is based solely upon an invalid contract not properly assigned the
enforcement of a promissory note that was not negotiable pursuant to California Commercial
Code section 3203 et seq.

3 of 5
_____________________________________________________________________________
GENERAL DENIAL ANSWER

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